Research On Legal System Of Economic Layoff

Economic layoffis a special form of non-negligencedismissal,because it can cause large-scale unemployment in the short term,and adverse effect on the socio-economic stability andsocial security of the country,so countries have more stringent restrictions on the economic layoff in legislation.The labor contract law enacted in 2007 has a clearer definition and procedural restriction on economic layoff than the Labor Law.But,in the financial crisis of 2009 and the economic downturn in the past two years,the legal system of economic layoff does not play its due social effect,China's current laws on the economic layoff are still vague and have shortcomings need to study and improve.This paper is divided into five parts:The first part is the introduction,mainly the concept of economic layoff,historical evolution and domestic scholars on the economic layoffsystem research review.The second part is the prominent problem and trial standardin the case of economic layoff in China's judicial practice.Including the factual characteristics of the economic layoff cases,that is,the basic facts of the cases presented in this paper to sort out the basic facts of the situation;The legal issues in the case of economic layoffand the judicialopinions of various localities,mainly on the economic layoff entities conditions(licensing conditions,prohibition conditions,etc.)and economic restrictions on the layoffs of the two aspects of the courts around the case of such different cases of the trial and analysis.The third part is the present situation and insufficiency of the legislation of economic layoff.Through the analysis of the judicial practice of economic casesin the second part,combining with the research results of the system,the author summarizes and evaluates the present situation and deficiency of economic layoff legislation in China,mainly from the scale of layoffs,the conditions of layoff licensing,the procedural limitations and the special provisions of layoffs.The fourth part is the analysis of the legal situation ofeconomic layoff in foreign countries,the selection of several representative and more matureeconomic layoff of the European Union,the United States,Japan,Taiwan and so on.It aims to analyze the economic layoff legislative trends have basic judgments,and tap the legislation of other countries can learn from.The fifth part is the improvement of China's economic layoff,through the case of judicial practice in China and the experience of foreign legislation,combined with China's national conditions and the status quo of legislation,China's economic layoff to improve the system to provide recommendations.At present,there are few empirical research results in China's theoretical circles.In this paper,the case analysis of the case of empirical research on the existing economic layoff of statistical analysis,the resulting conclusions are more objectivity and authority.